Labor

  • October 18, 2024

    NLRB Official Sets Union Vote At Hotel In Buffalo, NY

    The staff of a Buffalo, New York, hotel can vote on representation by a Workers United affiliate, a National Labor Relations Board official said Friday, though she excluded housekeeping and laundry workers from the proposed bargaining unit because they do not have enough in common with the other employees.

  • October 18, 2024

    What To Expect As 9th Circ. Mulls 1st Cemex Challenge

    The Ninth Circuit will hear arguments Monday in the first challenge to the National Labor Relations Board's revised approach to ordering employers that interfere with organizing drives to recognize and bargain with unions. Here, Law360 previews the hearing.

  • October 18, 2024

    Chamber Of Commerce Seeks Stay Of H-2A Rule For Harvest

    The U.S. Chamber of Commerce pushed a Mississippi federal court to stay a policy allowing H-2A migrant farmworkers to organize, saying its members can't risk being penalized under the policy while the Chamber challenges the rule's legality.

  • October 18, 2024

    NLRB Official Approves Union Vote For Ladder Makers

    A National Labor Relations Board official ruled 18 ladder welders can vote on being represented by the International Union of Operating Engineers, rejecting a ladder manufacturer's arguments that more employees belong in the petitioned-for unit.

  • October 18, 2024

    NY Forecast: Workers Want Collective Status In Care Co. Suit

    This week, a federal magistrate judge will consider competing motions over the continuation of a collective action brought by former workers at a western New York home healthcare provider who claim they were not properly paid overtime required by federal law. Here, Law360 looks at this and another case on the docket in New York.

  • October 18, 2024

    NLRB Says Amazon's Fast 5th Circ. Appeal Disrespects Court

    Amazon manufactured an emergency to get a constitutional challenge to the National Labor Relations Board's structure before the Fifth Circuit as soon as possible, the board told the appeals court in a new brief, urging it to reject the company's tactic and refuse to hear the case.

  • October 18, 2024

    Calif. Forecast: 9th Circ. Reviews NLRB's Cemex Decision

    In the coming week, attorneys should watch for oral arguments at the Ninth Circuit in which Cemex Construction Materials Pacific LLC and the International Brotherhood of Teamsters are each seeking to undo a major National Labor Relations Board decision regarding union representation. Here's a look at that case and other labor and employment matters on deck in California.

  • October 18, 2024

    Hospital Looks To Use Loper Bright To Ax Union Dues Ruling

    The Ninth Circuit should have analyzed federal labor law instead of adopting the National Labor Relations Board's analysis when deciding whether an employer may stop deducting union dues once its union contract expires, a Nevada hospital argued, asking the U.S. Supreme Court to reverse a pair of rulings.

  • October 17, 2024

    Calif. Teamsters Local Beats Back Claim Of Organizer Threat

    A Southern California Teamsters local has defeated an anti-union truck driver's claim that a union organizer threatened him and another anti-union driver, with a National Labor Relations Board judge ruling Thursday that there's insufficient proof that the incident occurred.

  • October 17, 2024

    UAW Eyes Future With Fight Over Stellantis Investments

    Stellantis has filed nearly a dozen lawsuits accusing the United Auto Workers of trumping up claims the company abandoned investment commitments it made in a labor contract, waging a contentious and public dispute experts said shows the union's attempt to steer the industry after its strike victory less than a year ago.

  • October 17, 2024

    6th Circ. Can't Ax Captive Audience Memo, NLRB Atty Says

    A Michigan federal judge properly tossed a challenge to a memo that outlined why National Labor Relations Board general counsel Jennifer Abruzzo thinks so-called captive audience meetings are illegal, Abruzzo told the Sixth Circuit, saying the memo isn't the kind of agency action that's reviewable in federal courts.

  • October 17, 2024

    Athletes 'Easily' Clear 3rd Circ. Employee Test, Atty Says

    The lead attorney who persuaded the Third Circuit to hold that college athletes may be employees under federal wage law said Thursday that his clients are clearly employees under the test the court set out, drawing a favorable comparison to work-study participants.

  • October 17, 2024

    Starbucks Can't Disturb Threat Standard, NLRB Tells 8th Circ.

    The Eighth Circuit should reject Starbucks' "groundless" challenge to the well-established standard for determining when employers' statements constitute unlawful threats, the National Labor Relations Board has argued, asking the court to enforce the board's holding that a store manager threatened unionizing workers by saying they might not get raises.

  • October 16, 2024

    Conn. Nurses Sue To Block Forced Post-Contract Overtime

    A union representing nurses at a Hartford HealthCare-affiliated hospital in Norwich, Connecticut, has asked a state superior court judge to block mandatory overtime assignments, arguing that a 2020 union contract requiring such shifts expired over the summer and that a 2023 state statute bans the hospital's continuing practices.

  • October 16, 2024

    NLRB Judge Calls Alaska Hotel's Suit Against Union Unlawful

    An Alaska hotel violated the National Labor Relations Act when it accused a union of defamation and unlawful boycott activity in a federal lawsuit, a National Labor Relations Board judge ruled Wednesday, calling the suit baseless, retaliatory and preempted by federal labor law.

  • October 16, 2024

    As 500th Starbucks Unionizes, A Changed Campaign Persists

    The campaign to unionize Starbucks has notched its 500th win a little over three years after its public debut, reaching this milestone as a changed but potent movement that continues to expand as it inches toward its first contracts, experts said.

  • October 16, 2024

    Cleaner Fights NLRB's Strike Fund Order At DC Circ.

    An industrial cleaning company urged the D.C. Circuit to undo a National Labor Relations Board decision finding the company unlawfully fired workers as part of an aggressive anti-union campaign, saying the board exceeded its authority when ordering it to reimburse a union for payments it made to striking workers.

  • October 16, 2024

    Award Rightly Reinstates Worker In Pot Test Spat, Judge Says

    An arbitration board correctly ordered an Alaska Airlines mechanic's reinstatement after he was fired following a positive test for marijuana, a Washington federal judge concluded, upholding the arbitration panel's view of the just cause provision in the labor contract between the airline and the worker's union.

  • October 16, 2024

    Union Healthcare Fund Asks Court For $3.6M From Suit Co.

    A Rochester, New York, suit manufacturer stiffed a union healthcare fund and then lied about efforts to pay off its $3.6 million in debt, the fund claimed in New York federal court, asking the court to award it the money before the case advances to trial.

  • October 16, 2024

    Co.'s Deal Stands Despite Illegal Rules, NLRB Judge Says

    The fact that a logistics company maintained unlawful rules for employees does not justify setting aside a settlement of unfair labor practice claims from the United Steelworkers, a National Labor Relations Board judge ruled, tossing most of the union's allegations that the company violated federal labor law.

  • October 16, 2024

    Business Groups Back Amazon's 5th Circ. NLRB Challenge

    A coalition of business groups filed an amicus brief backing Amazon's Fifth Circuit challenge to the National Labor Relations Board's constitutionality, saying the board's members have unconstitutional job protections because they are "experts in nothing but the board's own internal rules."

  • October 16, 2024

    Ashland U. General Counsel Joins Ogletree In Ohio

    The general counsel of Ashland University, a private university in Ohio, has made the move to private practice at Ogletree Deakins Nash Smoak & Stewart PC.

  • October 15, 2024

    Kirkland-Led Boeing Seeks Up To $35B Amid Labor Strike

    Boeing notified regulators on Tuesday of plans to raise up to $35 billion through securities offerings and a credit agreement, guided by Kirkland & Ellis LLP, as the aviation giant seeks access to cash amid a prolonged strike and production cuts.

  • October 15, 2024

    Union Can't Sue Airline Without Fired Workers, Judge Says

    A Minnesota federal judge has trimmed a Teamsters lawsuit accusing Sun Country Airlines of firing two employees for their union organizing work, saying Tuesday that the workers must be parties to the suit for certain claims to proceed.

  • October 15, 2024

    NLRB Union Election Petitions Jump 27% In FY 2024

    The National Labor Relations Board saw a bump in representation election petitions and unfair labor practice charges filed during the past fiscal year, the agency announced, highlighting a doubling of election petition filings since fiscal year 2021.

Expert Analysis

  • Trends That Will Shape The Construction Industry In 2024

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    Though the outlook for the construction industry is mixed, it is clear that 2024 will bring evolving changes aimed at building projects more safely and efficiently under difficult circumstances, and stakeholders would be wise to prepare for the challenges and opportunities these trends will bring, say Josephine Bahn and Jeffery Mullen at Cozen O'Connor.

  • A Focused Statement Can Ease Employment Mediation

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    Given the widespread use of mediation in employment cases, attorneys should take steps to craft mediation statements that efficiently assist the mediator by focusing on key issues, strengths and weaknesses of a claim, which can flag key disputes and barriers to a settlement, says Darren Rumack at Klein & Cardali.

  • 3 Areas Of Focus In Congressional Crosshairs This Year

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    Companies must prepare for Congress to build on its 2023 oversight priorities this year, continuing its vigorous inquiries into Chinese company-related investments, workplace safety and labor relations issues, and generative artificial intelligence, say attorneys at Morgan Lewis.

  • Water Cooler Talk: Insights On Noncompetes From 'The Office'

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    Troutman Pepper’s Tracey Diamond, Evan Gibbs, Constance Brewster and Jim Earle compare scenarios from “The Office” to the complex world of noncompetes and associated tax issues, as employers are becoming increasingly hesitant to look to noncompete provisions amid a potential federal ban.

  • 5 NLRA Changes To Make Nonunion Employers Wary In 2024

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    As the National Labor Relations Board continues pushing an aggressive pro-union agenda and a slate of strict workplace rules, nonunion employers should study significant labor law changes from 2023 to understand why National Labor Relations Act compliance will be so crucial to protecting themselves in the new year, say attorneys at Hunton.

  • NLRA Expansion May Come With Risks For Workers

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    The last few years have seen a rapid expansion of the National Labor Relations Act to increase labor law coverage in as many ways and to as many areas as possible, but this could potentially weaken rather than strengthen support for unions and worker rights in the U.S., says Daniel Johns at Cozen O’Connor.

  • What The NLRB Wants Employers To Know Post-Cemex

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    Recent guidance from the National Labor Relations Board illuminates prosecutorial goals following Cemex Construction Materials, a decision that upended decades of precedent, and includes several notable points to which employers should pay close attention, say attorneys at Perkins Coie.

  • Top 10 Employer Resolutions For 2024

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    From technological leaps to sea changes in labor policy to literal sea changes, 2024 provides opportunities for employers to face big-picture questions that will shape their business for years to come, say Allegra Lawrence-Hardy and Lisa Haldar at Lawrence & Bundy.

  • Cos. Should Be On Guard After Boom In Unfair Labor Claims

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    The National Labor Relations Board's recent expansion of protected activity and imposition of case-by-case policies led to a historic boom in unfair labor practice charges in 2023, so companies should prepare for labor complaints to increase in 2024 by conducting risk assessments and implementing compliance plans, say Daniel Schudroff and Lorien Schoenstedt at Jackson Lewis.

  • 3 Developments That Will Affect Hospitality Companies In 2024

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    As the hospitality industry continues its post-pandemic recovery, it faces both challenges and opportunities to thrive in 2024, including navigating new labor rules, developing branded residential living spaces and cautiously embracing artificial intelligence, says Lauren Stewart at Sheppard Mullin.

  • Top 10 Whistleblowing And Retaliation Events Of 2023

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    The U.S. Securities and Exchange Commission and federal and state courts made 2023 another groundbreaking year for whistleblower litigation and retaliation developments, including the SEC’s massive whistleblower awards, which are likely to continue into 2024 and further incentivize individuals to submit tips, say attorneys at Proskauer.

  • Starbucks Raise Ruling Highlights Labor Law Catch-22

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    A National Labor Relations Board judge recently ruled that Starbucks violated federal labor law when it gave raises to nonunion employees only, demonstrating that conflicts present in workforces with both union and nonunion employees can put employers in no-win situations if they don't consider how their actions will be interpreted, say attorneys at Duane Morris.

  • Del. Ruling Shows Tension Between 363 Sale And Labor Law

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    The Delaware federal court's ruling in the Braeburn Alloy Steel case highlights the often overlooked collision between an unstayed order authorizing an asset sale free and clear of successor liability under Section 363 of the Bankruptcy Code and federal labor law imposing successor liability on the buyer, say attorneys at Proskauer.

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